Ninth Circuit Affirms SEC’s Expansive Disgorgement Powers – Key Implications for Businesses and Executives

TRUNORTHClient Alert

In a significant ruling, the SEC v. Sripetch upheld a $2.25 million disgorgement award plus interest, holding that the SEC need not prove that investors suffered actual financial losses before reclaiming a defendant’s profits. The Commission had charged Sripetch and others with manipulating penny stock schemes, and while the defendant argued that disgorgement requires evidence of investor “pecuniary harm,” the …

SEC Enforcement Surge: Fraudulent Offerings, Ponzi-Like Schemes, and Insider Misuse of Confidential Information

TRUNORTHClient Alert

The SEC is executing a coordinated enforcement strategy designed to deter fraud at scale. Its latest cases reveal a clear pattern: fraudulent offerings promising outsized returns, Ponzi-like structures disguised as legitimate enterprises, and insider misuse of confidential information. The message for boards and executives is unmistakable — weak governance and opaque compliance controls are not lapses, they are enforcement triggers. …

Ninth Circuit Expands SEC’s Reach in Life Settlement Case—Market Participants Beware

TRUNORTHClient Alert

In SEC v. Barry (9th Cir. 2025), the Ninth Circuit delivered a decisive ruling that reinforces the SEC’s expansive use of the Howey test to define securities. The case involved Pacific West Capital Group’s sale of fractional interests in life settlements—arrangements where investors purchased shares in life insurance policies and relied on the company to pay premiums and manage reserves …

The SEC Doubles Down: Classic Insider Trading Enforcement Takes Center Stage

TRUNORTHClient Alert

The SEC, under the leadership of Chair Paul Atkins, has made good on its pledge to return to the agency’s core mission of market integrity. In recent weeks, the Commission—sometimes in coordination with the DOJ and FBI—has announced a series of insider trading cases that read like a throwback to classic enforcement playbooks. For companies, boards, and compliance officers, these …

NCAA NIL Settlement Application Deadline Challenged

bevllpdevNews

Bradford Edwards LLP recently worked to publicize the now passed registration deadline (January 31, 2025) for DI men’s basketball and football athletes who played between 2016 and 2024 to claim a portion of the roughly $2.8 billion dollar proposed settlements negotiated with the NCAA over antitrust claims, including name, image and likeness, or NIL. The case is now pending in …

Black DI College Athletes Must Submit Claims for Proposed $2.8B NIL Settlement by 1/31/25

TRUNORTHNews, Press Releases

Black athletes have been essential in building Division I basketball and football into a multi-billion-dollar industry. The NCAA is on the brink of settling two cases for approximately $2.8 billion in connection with certain antitrust claims involving name, image, and likeness. Due to limited advertising specifically to Black audiences, the settlement threatens to leave some deserving Black athletes with nothing. …

Bradford Edwards LLP Expands Westward with New Office in Los Angeles, California

TRUNORTHPress Releases

FOR IMMEDIATE RELEASE Los Angeles, CA – December 18, 2024 – New York City-based law firm Bradford Edwards LLP, specializing in high-stakes commercial litigation, government and corporate investigations, antitrust, and corporate restructuring, proudly announced the opening of its new office in heart of downtown Los Angeles, California. The expansion marks a significant milestone in the firm’s growth strategy and its …

Bradford Edwards LLP Once Again Chambers Ranked in New York State

TRUNORTHFirm Announcements, Press Releases

For Immediate Release: Chambers and Partners has again ranked Bradford Edwards LLP in its Spotlight Guide for NewYork State. Bradford Edwards was recognized for dispute resolution in 2024. This year, inaddition to dispute resolution, Chambers has recognized the firm’s government investigationspractice for its expertise, talent and experience serving a range of clients. Denver G. Edwards, Bradford Edwards’ Managing Partner, said …